August 23, 2015

MSCI, National Association Of Manufacturers Submit Amicus Brief To Supreme Court

The Metals Service Center Institute, along with the National Association of Manufacturers, the Alliance of Automobile Manufacturers, the Association of Home Appliance Manufacturers, the American Petroleum Institute and the American Tort Reform Association submitted an amicus brief to the Supreme Court of the United States supporting Tyson Foods’s position in Tyson Foods vs. Peg Bouaphakeo

The case concerns class action lawsuits. The amicus brief, which is available here, argued that that Supreme Court needs to clarify the law and only allow class actions when all class members suffered a common injury and damages. The brief asserted it was improper of the lower court to allow “common evidence” of classwide liability and damages when it was an extrapolation of a non-representative sample of the class and concluded the Supreme Court must reject a “trial by formula” and must consider a defendant’s right to litigate its statutory defenses to individual claims. 

The arguments were submitted to the court on August 14.